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REFERENCE TITLE: juveniles; sentence reduction; hearing |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1784 |
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Introduced by Senator Gonzales
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AN ACT
Amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-722; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-722, to read:
13-722. Sentence reduction for offenses committed by persons under eighteen years of age; sentence reduction hearing
A. Notwithstanding any other law, the court shall reduce a term of imprisonment imposed on a defendant who was sentenced to serve more than fifteen years for one or more offenses that were committed when the defendant was under eighteen years of age and who has completed at least fifteen years of the sentence imposed unless after a hearing the court finds that the defendant is a threat to public safety. The court shall determine the length of the sentence reduction after considering the factors set forth in subsection C of this section. The defendant is eligible for a hearing pursuant to this subsection regardless of whether the defendant is serving concurrent or consecutive sentences for multiple offenses.
B. A defendant who is eligible for a sentence reduction pursuant to subsection A of this section shall file a notice of intent to file a motion for a resentencing hearing with the SENTENCING court. The court shall conduct a hearing on the motion within ninety days after receiving the motion. The court shall appoint an attorney to represent the defendant at the initial status conference, and the defendant's attorney shall file a motion for a sentence reduction with the court within a specific time frame determined by the court. It is presumed that the defendant shall receive a sentence reduction unless the court determines that the defendant poses a threat to public safety based on the evidence presented at the hearing. The state shall provide notice of the hearing to the victim or the victim's representative. The defendant has the right to be present at all hearings related to the defendant's resentencing.
C. When DETERMINING whether the defendant is a threat to public SAFETY and the length of the sentence reduction, the court shall consider the following mitigating factors:
1. The defendant's age at the time of the commission of the offense.
2. The nature of the offense and the history and characteristics of the defendant.
3. Whether the defendant has reasonably complied with the rules of the correctional facility in which the defendant is incarcerated.
4. Whether the defendant has completed an educational or vocational program or any other program while imprisoned. If an educational or vocational program or other programs were not available or have been denied to the defendant while imprisoned, the court shall weigh this factor in favor of the defendant as if the defendant completed an available educational or vocational program or any other program.
5. Whether the defendant has demonstrated maturity, rehabilitation and a fitness to reenter society.
6. Any reports of physical, mental or psychiatric examinations of the defendant that are conducted by licensed health care professionals.
7. The defendant's family and community circumstances at the time of the commission of the offense, including any history of abuse, trauma, neglect or involvement in the child welfare system.
8. The extent of the defendant's role in the commission of the offense and whether and to what extent an adult or peer was involved in the commission of the offense.
9. The diminished culpability of a juvenile as compared to that of an adult, including immaturity, impetuosity and the inability to fully appreciate risks and consequences.
10. Any other mitigating evidence that the court deems relevant.
D. The court shall issue a ruling within thirty days after the resentencing hearing. the court shall state its reasons for granting or denying the motion for sentence reduction in writing and THE weight given to each factor listed in subsection C of this section. If the court denies the motion, the court may order the correctional facility to provide educational programming to the defendant while the defendant is incarcerated, and the denial may not be weighed as an adverse factor at any subsequent judicial hearing or board of executive clemency hearing. the defendant may not file a second or subsequent motion pursuant to this section for at least two years from the date that the initial notice of intent to file a motion for resentencing hearing was filed. If the court grants the motion, the court shall immediately resentence the defendant to a reduced term of imprisonment. The court may not resentence the defendant to an indefinite term of imprisonment or to natural life. The court may impose a sentence that is less than the minimum term that is otherwise prescribed by law.
E. Before releasing the defendant from imprisonment, the court may require the correctional facility to enroll the defendant in, and allow the defendant to complete, any of the following:
1. Prerelease programming.
2. Alcohol and substance abuse treatment.
3. A general education development program or other education, literacy or job skills program.
4. A reentry program.
F. This section does not disqualify a person from being eligible for early release or any other remedies or relief pursuant to any other law.
g. A person who is eligible for release or a sentence reduction pursuant to this section is entitled to a presumption in favor of release on community supervision, which may be rebutted with evidence that the person continues to pose a threat to public safety.